United States v. Shawn Hatfield, No. 16-3719 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's waiver of his right of appeal is valid and enforceable, and his challenge to the reasonableness of his sentence falls within the scope of that waiver; the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3719 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Shawn Christopher Hatfield lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: September 5, 2017 Filed: September 8, 2017 [Unpublished] Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Shawn Hatfield directly appeals the sentence the district court1 imposed after he pled guilty to drug and money-laundering offenses, pursuant to a plea agreement that contained an appeal waiver. His counsel has moved for leave to withdraw, and 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. has filed a brief under Anders v. California, 386 U.S. 738 (1967), essentially arguing that the district court imposed an unreasonable sentence. Upon careful review, we conclude that the waiver is valid and enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues outside the scope of the appeal waiver. Accordingly, we dismiss this appeal, and we grant counsel leave to withdraw. ______________________________ -2-
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